tag:www.jackpshermanlaw.com,2013-03-21:/blog/737642019-09-10T16:37:48ZMovable Type Enterprisetag:www.jackpshermanlaw.com,2019:/blog//73764.38272412019-09-12T16:36:00Z2019-09-10T16:37:48Z
Classes are back in session at the University of Memphis, which means students are back on campus trying to find that balance of study and recreation. Finding that homework-fun equation means they can enjoy their pursuit of degrees and career ambitions.

Unfortunately, some students will have their academic pursuits and career goals put in serious jeopardy by an arrest. No matter what the criminal charge a college student might face, it can put an end to education and professional dreams and hopes if it results in a conviction.

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According to the University of Memphis Police Services annual Campus Security and Fire Safety Report issued last year, many students arrested face allegations in one of several main categories:

Alcohol violations (drunk driving, public intoxication, etc.)

Drug violations (possession of marijuana or other illegal substances)

Burglary

Domestic violence

A Tennessee DUI conviction can mean jail time, mandatory counseling, fines, loss of your driver’s license and a criminal record that can limit future job and career opportunities. A drug law conviction can likewise put limits on academic and career options, while also meaning potential incarceration or probation (or both) in the present.

A domestic violence conviction can not only affect a person’s earning potential, but also their right to own a firearm and even the right to vote.

All of these serious allegations need to be taken seriously. That means that if you are a student or the parent of a student who has been arrested, it is important to act quickly to defend rights, freedoms and futures.

Contact a Memphis attorney who understands the legal system and the potential damage an arrest and conviction can inflict on a young person’s life.

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tag:www.jackpshermanlaw.com,2019:/blog//73764.38216422019-09-05T17:38:00Z2019-09-03T17:39:31Z
One the very day that Martavious Banks was released from jail, the former Memphis police officer who was accused of shooting at him found himself in legal trouble. Former cop Jamarcus Jeames was arrested on a DUI charge, and also accused of assault and public intoxication.

Law enforcement officials said Jeames was involved in a 3 a.m. fight at a convenience store.

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Jeames was involved in the Banks shooting case almost a year ago. Banks was shot by police after a September 2018 chase. He eventually pleaded guilty to charges of evading and unlawful possession of a weapon. He was nearly three years of probation.

Jeames resigned from the Memphis Police Department early this year. He had been accused of turning off his vehicle and body cameras and failing to activate his police care lights while in pursuit of Banks and eventually opening fire on him.

In his arrest at the North Germantown Road Circle K, Jeames allegedly nearly hit a man when he pulled up to the store. He and the man then got into an argument before the former cop allegedly tackled the man.

Police said that when they arrived, the man was covered in blood and Jeames was trying to leave the scene.

Officers said they found alcohol containers inside the former cop’s vehicle.

When Banks’ mother was informed of the arrest by a local TV reporter, she replied that she had said “from day one” that Jeames “needed some counseling.”

Those accused of infractions such as drunk driving should speak with an attorney experienced in effective DUI defense.

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tag:www.jackpshermanlaw.com,2019:/blog//73764.38168022019-09-01T15:57:00Z2019-08-26T22:50:35Z
Have you ever talked with a friend about something you did together? It can be a simple thing. Maybe you went kayaking together a few summers ago, and you camped at the end of the trip. You remember that it was a warm and sunny day, and you remark to your friend on how lucky it was that you got such great weather.

Your friend gets confused. She says that it rained that night. It was sunny for part of the day, but you certainly didn't have ideal weather. She remembers it much differently than you.

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Who is right? It's impossible for the two of you to tell without doing more research. You both honestly think that you remember the event correctly. You can picture it in your mind. Neither one of you has anything to lose or gain through lying. And yet you can't agree on how the trip went. What happened?

Memory changes

The truth is that researchers now know that memory changes with time and with recall. You can alter it. Bringing it up again - to talk about it or just to think about it on your own - can change what you think you remember.

Maybe you went on two trips that summer. One was sunny and the other wasn't. Over time, you started merging the memories.

Or maybe your friend read a news story about some other campers who got caught in a storm around the same time. They slowly started adapting those details to their own story unintentionally and now they "remember" that they actually got caught in a storm.

It happens. Memory is fragile. It changes often. You can forget details or add in new ones. Other things you get exposed to - movies, news reports, stories, conversations with friends - can change what you think you know.

The legal side

You may already find yourself imagining the legal implications. A witness who remembers a crime could get the details completely wrong. Maybe they witnessed the crime and then saw another news story in which you were featured. They are now convinced that they saw you at the scene, even though you never went there.

Again, the witness may not intentionally lie. They think they are being honest, and it can make them very convincing to the jury. But that does not mean that what they remember is what really happened or how things really played out.

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tag:www.jackpshermanlaw.com,2019:/blog//73764.38166652019-08-28T15:57:00Z2019-08-26T15:58:22Z
Memphis Tiger fans are looking forward to the kickoff of the new season against the SEC’s Ole Miss. While that match-up has people excited here, we know that elsewhere in the state University of Tennessee fans are looking forward to a season-opening contest between the Volunteers and the Georgia State Panthers.

While the Vols are decidedly favorites in that contest, they will open the season without sophomore starting cornerback Bryce Thompson, who has been suspended indefinitely by coach Jeremy Pruitt after Thompson’s recent domestic assault arrest.

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According to a news report, university police officers responded at about 8 p.m. to a call about an incident between Thompson and a woman on campus. The football player allegedly threatened the woman and others present with violence. Officers reported finding him “extremely upset and agitated” and said they observed damage to a gate and wall.

Both Thompson and the woman told officers that they’ve been in a four-year relationship. The cornerback was booked into jail on a misdemeanor domestic assault charge and released the next morning after posting a $3,000 bond.

Thompson started 10 of last season’s 12 games and was named to the freshman All-America team after recording three interceptions and 34 tackles.

He faces the same possibilities of long-term consequences if he is convicted of the charge: jail time, fines and potentially ruinous damage to his career, academic pursuits and reputation.

Those facing domestic violence allegations should speak to an experienced criminal defense attorney who understands how to protect your interests in both negotiations and the courtroom.

The DEA combined with state and local police agencies in Tennessee, Kentucky and West Virginia in making 235 arrests on federal drug trafficking charges. According to a news report, 155 of the arrests were here in Tennessee.

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According to the report, the operation targeted Mexican drug smuggling and distribution organization, as well as those who are involved in the manufacturing and trafficking of meth. The DEA said that “Operation Crystal Mountain” resulted in the seizure of more than 800 pounds of meth, more than $800,000 in cash, as well as 52 guns. The federal agency also said it seized “significant” amounts of fentanyl, heroin and other illegal drugs.

The DEA said it also helped state law enforcement agencies make another 140 arrests on state-level drug charges.

According to a map on the DEA’s website, “Operation Crystal Mountain” seized approximately 360 pounds of meth in Kentucky while making 60 arrests. Twenty people were arrested in West Virginia and 132 pounds of crystal was confiscated there. Here in Tennessee, 317 pounds of the substance was seized in addition to the 155 arrests.

Those who face drug trafficking charges in Memphis should not speak with city, county, state or federal investigators until they have sat down and talked over the evidence and allegations with an attorney experienced in effective drug defense.

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tag:www.jackpshermanlaw.com,2019:/blog//73764.38116552019-08-17T14:57:00Z2019-08-15T14:57:27Z
It takes a little over an hour to drive northeast of Memphis to Jackson, Tennessee. The blue-collar city of about 65,000 isn’t the home of famous movie or music stars, but law enforcement officials say a Jackson nurse practitioner who dressed like a rock star and tried to launch a reality TV series about himself was more than a colorful local character.

The Jackson clinics operated by Jeffrey W. Young II were a façade, federal prosecutors allege. The nurse practitioner was really a drug dealer, they say, prescribing more than 1.4 million addictive pills and approximately 1,500 fentanyl patches in a three-year period. Earlier this year, Young was arrested on drug trafficking charges.

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Prosecutors also claim Young traded drug prescriptions for sex with up to 50 people.

The Tennessean reports that the state Department of Health investigated the so-called “Rock Doc” for four years, finding evidence of “unethical behavior and sex with patients,” but did not stop him from prescribing medications.

The newspaper says Young was a social media star who styled himself as “a tattooed, rebellious, womanizing party animal who worked hard, played hard and lived by his own rules.”

A couple of years ago, Young created a reality TV show about himself called “Rock Doc TV” that was on YouTube. The series ended after just a single 25-minute episode, however.

While no networks picked up the show, it did garner the attention of a Tennessee health department investigator who dug into allegations of irresponsible prescribing, alcohol use at the clinic, sex with patients and other accusations that eventually led to Young’s indictment.

He was one of 32 Tennessee medical professionals arrested in April as part of the national crackdown on opioid abuse.

Not only is his career at risk, but so too are his freedom and future. Those facing similarly serious drug-related charges should contact a criminal defense attorney experienced in both state and federal courts and effective in both negotiations and at trial.

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tag:www.jackpshermanlaw.com,2019:/blog//73764.38069022019-08-09T15:03:00Z2019-08-07T15:03:30Z
Though he was wearing a grin at the time his mugshot was taken, it seems likely that the smile disappeared after the Tennessee police officer thought a bit more about the legal trouble he’s facing. Arrested recently for driving under the influence of alcohol, the 43-year-old veteran cop has been suspended from his job without pay.

Perhaps even more significant is the fact that he refused to perform sobriety tests and to submit to a blood or breath test. As regular readers of our Memphis criminal defense blog know, Tennessee has an implied consent law, which means that those who refuse a BAC (blood alcohol content) test have their driver’s license revoked for a full year.

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The officer was arrested in Rogersville, the small town where he works, nearly 500 miles east of Memphis.

According to a news report, the officer was arrested after he crashed his Harley-Davidson motorcycle on the town’s Main Street. Though there were no indications in the news story that anyone was injured in the crash, it should be noted that Tennessee’s implied consent law contains provisions for extended driver’s license suspensions if a person has been in a crash that resulted in bodily injury or death.

The officer has been charged with DUI, a violation of implied consent law, possession of a firearm while under the influence, failure to have proof of insurance and improper lane usage.

Although his grin is likely long gone, he can fight for his freedom, license and career by speaking with an attorney experienced in DUI defense and implied consent violations.

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tag:www.jackpshermanlaw.com,2019:/blog//73764.38019232019-08-01T16:03:00Z2019-07-30T16:03:30Z
It is the very definition of a “he said, she said” situation: a couple argues, tension escalates and then police are called. Both accuse the other of being physically abusive, but because the only witnesses to the incident are the man and woman, it is virtually impossible for an outsider to know for sure what really transpired.

We read recently of a Tennessee police officer who finds herself at the heart of one of these heated disputes. She’s not there as a law enforcement officer, however, but as an alleged participant. She and her boyfriend are now both accused of domestic violence.

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According to a news report, police were sent to the home the officer shares with her boyfriend after he called and reported that she had allegedly assaulted him.

The boyfriend, 34, was standing in the driveway when sheriff’s deputies arrived. He told officers that he and his girlfriend, also 34, “had been drinking alcohol and that they were going through a break-up,” according to the police report.

The boyfriend claimed she had hit him in the face and then began destroying his property. The officer said the opposite was true: she claimed that her boyfriend had hit her and that she wanted medical attention.

A deputy noted that she had a “busted lower lip and red marks on the right side of her face and jaw.”

Deputies said they were unable to determine which of the pair was the primary aggressor.

It can be difficult enough to deal with the emotions that can accompany the end of a relationship, but when domestic violence charges are added to the mix, everything becomes more complicated.

Those who face a similarly tough situation should discuss the charges, evidence and their legal options with a Memphis attorney experienced in domestic violence defense.

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tag:www.jackpshermanlaw.com,2019:/blog//73764.37976232019-07-28T00:03:03Z2019-07-26T00:20:34Z
If you have recently separated from your child's other parent, you will likely not be seeing your child as regularly as before. This can be difficult for any parent, especially if they believe the other parent is intentionally or maliciously preventing them from building a parent-child bond.

While feelings of resentment, anger and rage can build from not being able to see your child, it is important that you keep calm and act logically. As long as you can prove that you are the parent, you can go through the legal system to petition for custody. Generally speaking, you will be awarded some form of custody as long as you are not deemed to be a threat to the well-being of your child.

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If you are struggling to cope emotionally as a result of being separated from your child, it is important that you look inward to fix this. This will not only benefit your mood and mental state, but it will also help you have a more positive attitude toward successfully gaining custody.

Remind yourself that your child deserves to have a happy parent

Your child matters, and fighting to have custody or visitation is a noble thing to do. But if you are suffering mentally through the struggle, it is important that you gain some perspective. Your child wants and deserves a happy parent, so you need to take care of yourself and your emotions, too.

You are doing a service to your child by responsibly fighting for custody

Many people suffer emotionally because they feel they cannot discuss their inner thoughts with others. Many parents are in a similar situation to you. By discussing how you feel with friends or support groups, you will likely gain some relief. If you are feeling depressed, it is important that you talk to a medical professional who will be able to prescribe you treatment.

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tag:www.jackpshermanlaw.com,2019:/blog//73764.37948012019-07-25T16:02:00Z2019-07-23T16:03:08Z
Anyone who walks away from a wrong-way crash on an interstate highway is fortunate to escape intact. We read recently of a woman east of Memphis who was arrested on suspicion of DUI after law enforcement officials said she caused a wrong-way wreck on Interstate 40.

Nashville police said the woman drove her vehicle the wrong way on the highway and hit a tractor-trailer. Neither driver suffered serious injuries, a newspaper account stated.

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Officers said they detected the odor of alcohol on the 24-year-old woman. She reportedly failed roadside sobriety tests, was checked out at an area hospital and then booked into jail on the DUI charge.

The truck driver suffered injuries described as minor, the news report stated.

According to the Tennessee Department of Safety and Homeland Security, anyone who causes serious injury to another person while driving drunk can be charged with vehicular assault. If convicted of the Class D felony, that person’s driver’s license can be revoked for between one and five years, depending on the number and severity of any past offenses. It should be noted that people convicted of vehicular assault cannot receive restricted licenses.

The person can also be sentenced to serve between two and 12 years behind bars.

A person can be charged with the Class A felony of aggravated vehicular assault while driving intoxicated if they have two or more previous DUI convictions or if they have a prior vehicular assault conviction or a vehicular homicide conviction. They can also be charged with the Class A felony if their blood alcohol content (BAC) was .20 percent or higher during a single prior DUI or vehicular assault violation.

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tag:www.jackpshermanlaw.com,2019:/blog//73764.37901362019-07-17T14:41:00Z2019-07-15T14:41:49Z
When they report on arrests or indictments, it is rare for the news media to do more than echo what they are told by law enforcement officials. We saw a welcome departure from that approach recently when a TV station reported on the arrest of a Tennessee state trooper who has been charged with domestic violence.

Rather than simply regurgitate the official explanation for the arrest, the reporter talked to neighbors who know the trooper and were home when the 29-year-old lawman was arrested.

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A man who lives across the street from the trooper and his fiancée said the officer is an asset to the neighborhood. “He watches for cars that come flying down the road for my kids, our neighbor’s kids, his kids,” the man said, adding that the officer and fiancée are “good neighbors” who “never cause trouble.”

Another neighbor said she spoke to the officer’s fiancée and said was told that she “didn’t call and didn’t try and press charges. I know that they tried to make her press charges, to make a report, and she didn’t. There’s no violence here.”

She added that the fiancée was “not injured” and that “she was telling the cops to leave her alone and they wouldn’t.”

According to an arrest report, the four-year veteran trooper “grabbed (his fiancée) by the arms, pushed her against a wall and held her on the floor.” The report apparently did not mention any evidence of injuries to the woman or the trooper.

The officer works out of the Lawrenceburg District (about 175 miles east of Memphis), where he is currently on administrative leave with pay.

Clearly, the investigation could have a serious impact on his job and career, as these types of allegations have for most people.

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tag:www.jackpshermanlaw.com,2019:/blog//73764.37868042019-07-11T15:44:00Z2019-07-09T15:44:28Z
It happens every day: people see a news report about an arrest and automatically assume that the accused is guilty. In reality, police officers are human beings, too. They sometimes make mistakes, and in the worst cases, are sometimes dishonest and even violent when making arrests.

We read recently of a Tennessee police officer who was fired for lying and is now facing accusations in a federal civil rights lawsuit that he used excessive force when making an arrest for an alleged drug violation.

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Fired Knoxville officer Geraldo Orta is a former University of Tennessee football player who had been on the force less than a year when he was fired for lying about whether he had responded to a burglar alarm in a bicycle store.

In May of last year, Orta caught a man apparently huffing gas duster behind a store. The man claims in his lawsuit that Orta hit him with a stun gun and stomped on his neck.

Orta denied both allegations when questioned by investigators. Knoxville officers do not wear bodycams and the dashcam in his cruiser was blocked by bushes behind the store from capturing video of the scene, though audio was recorded.

Orta has admitted that he had “sparked” his stun gun to scare the man, but insists he did not use the weapon on him. It should be noted that activating a stun gun before there is any struggle is a violation of Knoxville Police Department policy.

In the lawsuit, the man claims he was hospitalized for more than two weeks as a result of the encounter, and also had to undergo gall bladder surgery and get his pacemaker replaced.

Orta can be heard in the audio from the dashcam saying, "Get your (expletive) up. Get up. Get up before I make you get up.” He then told the man that he had “five seconds before I hit you with” the stun gun.

Moments later, the man says he can’t get up. “You hurt me,” he said to the former officer.

The case reinforces a lesson we have learned in Memphis: not every officer’s account is accurate, not every arrest is legitimate and not every cop lives up to standards.

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tag:www.jackpshermanlaw.com,2019:/blog//73764.37826672019-07-05T15:41:00Z2019-07-03T15:41:49Z
Tennessee ushered in more than 140 new laws a couple of days ago. A couple of attention-getting measures affect cell phone usage and a very particular form of drunk driving.

The new law likely to affect the greatest number of Tennesseans is the hands-free cell phone measure that aims to curb distracted driving. It is now a class C misdemeanor to hold your phone in your hand (or any other part of your body) while driving in the state. Fines for this new traffic offense start at $50.

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Memphis Police Lt. Col. Keith Watson said, "since the year 2009, Shelby County leads the way in distracted driving reported crashes." He added that in those years, there have been more than 56,000 motor vehicle crashes in the county that were caused by distracted drivers.

Said Watson, “that fine increases if there is a crash that occurs in a work zone or a school zone” and that fines can also go up to $200 for second or third offenses.

It should be noted that under the new law, you can touch the phone one time to start or end a call, but that you must put your phone on speaker or use Bluetooth to have a conversation.

Watson also said Memphis police officers are already strictly enforcing the new law.

Another driving law that’s now in effect will mean that electric scooter riders who are in a crash after drinking alcohol will be charged with DUI.

Those who are facing a DUI charge or traffic violation should speak with an attorney experienced in effective criminal defense.

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tag:www.jackpshermanlaw.com,2019:/blog//73764.37778892019-06-30T17:13:00Z2019-06-25T21:50:35Z
Many people think of law enforcement officers as civil servants who uphold the letter of the law. Although that is true for some, others may have more questionable motives for some of the tactics they use. Specifically, law enforcement officers have a financial incentive to find evidence of drug crimes, especially if the individuals suspected of such crimes have substantial assets or cash on hand.

During a roadside traffic stop, officers may profile a driver and attempt to fabricate a reason to search their vehicle in the hope of finding contraband. If they do, they may be able to seize the cash that the individual has, as well as the vehicle, in some cases.

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Understanding when law enforcement has the legal right to search your vehicle can help you better stand up for yourself during traffic stops and when facing criminal charges or dealing with civil asset forfeiture due to a traffic stop.

Police can search the vehicle if they have evidence of a crime

Sometimes, officers can know as soon as they approach a vehicle that a crime has taken place. Perhaps the vehicle has a strong stench of illegal narcotics or alcohol. Maybe there is visible drug paraphernalia or illegal weapons in the trunk or backseat of the car. Perhaps the driver already has a warrant out for their arrest.

In most situations where law enforcement officers have a reasonable belief that a crime had taken place or would take place, the courts will uphold their decision to search a vehicle. However, police cannot simply search your vehicle because they want to or because of how you speak to them.

Police can search your vehicle if you let them

One of the simplest ways for cops to get permission to search a vehicle is just to ask for it. In many cases, drivers will bravely offer up the right to search their vehicle, not understanding that even something as small as a single marijuana seed that had fallen out of the pocket of a passenger weeks ago could result in an arrest and an even more in-depth search.

Although it can be a rather intimidating experience, denying law enforcement the right to search your vehicle protects your civil liberties against consequences from evidence you may not know is there.

Police may also search vehicles if they obtained a warrant to do so

Sometimes, law enforcement wants to search a vehicle because they believe the driver has previously participated in criminal activity. They could be looking for traces of drugs or even bodily fluids that could be evidence of a violent crime.

In that situation, instead of conducting a traffic stop, law enforcement officers will likely go to a judge and get a warrant. If law enforcement presents a warrant, you will have to allow them to search your vehicle. However, you do have the right to validate the warrant and ensure that it is accurate and valid before allowing the search.

Those who believe law enforcement violated their rights during a search may be able to have some or all evidence excluded from their court proceedings. Consulting with a Memphis attorney can help you determine if that outcome is likely in your situation.

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tag:www.jackpshermanlaw.com,2019:/blog//73764.37763762019-06-26T17:13:00Z2019-06-24T17:13:33Z
Just a few minutes northeast of Memphis is where you’ll find Bartlett. The suburb is home to a couple who were recently arrested on drug-related charges, according to a recent news report.

Law enforcement officials say the couple recently sold an unspecified opioid to a McEwen, Tennessee, woman. The woman later overdoses on the opioids and died. The Humphrey County Sheriff said the drugs were then traced back to the Memphis-area couple.

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Though it is not known which opioids the couple is alleged to have sold to the McEwen woman, the most commonly trafficked opioids are fentanyl and heroin.

The Humphreys County Sheriff said that after the drugs were traced back to the Bartlett couple, an undercover officer then arranged to buy more of the substance from the Bartlett woman. They say she delivered $1,000 worth of the illegal narcotic and was then arrested. Her husband was soon arrested as well, a police spokesperson said.

The same report said that the Shelby County District Attorney’s Office has a special prosecutor whose responsibility is to assist federal officials with opioids-related cases. So far, the special prosecutor has filed drug-trafficking charges against seven individuals. Twelve more cases are either under investigation or charges are pending, Channel 3 reported.

Those facing drug-trafficking charges undoubtedly know full well that they are at risk of spending years behind bars in a state or federal prison if they are convicted. They should decline to speak to investigators or prosecutors until after speaking with a qualified Memphis criminal defense attorney experienced in drug-trafficking defense.